Search Results for "non-obstante clause"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "non-obstante clause"

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Supreme Court

Supreme Court Upholds Maintenance Rights for Divorced Muslim Women: Balancing Secular and Personal Laws. Court Affirms Applicability of Section 125 CrPC alongside the Muslim Women (Protection of Rights on Divorce) Act, Ensuring Comprehensive Support for Divorced Muslim Women.

10 Jul 2024

The appeal concerns the High Court of Telangana's modification of interim maintenance from INR 20,000 to INR 10,000 payable by the appellant to the re...

High Court

Bombay High Court Allows PIL Against APMC for Illegal Construction Without Development Permission Under MRTP Act. Agricultural Produce Marketing Committee Not a Local Authority Under Section 2(15) of MRTP Act, Hence Not Exempt from Section 44.

3 Aug 2017

This Public Interest Litigation was filed by Goroba Pandurang Gadekar against the State of Maharashtra, Latur Municipal Corporation, Agricultural Prod...

High Court

Bombay High Court Grants Leave to Combine Causes of Action for Trademark Infringement and Passing Off Under Clause XIV of Letters Patent. Court Holds That Discovery at Preliminary Stage Is Limited to Documents Relevant to Preliminary Issues Under Section 9A CPC.

13 Feb 2014

The Petitioner, SabMiller India Ltd., filed a suit for perpetual injunction against M.P. Beer Products Pvt. Ltd. for infringement of its registered tr...

Supreme Court

Supreme Court Upholds High Court's Appointment of Arbitrator in Arbitration Dispute Over Distributorship Agreement. The Court affirmed that Section 12(5) of the Arbitration and Conciliation Act, 1996, applies to ensure arbitrator neutrality, overriding prior arbitration clauses that designate potentially biased arbitrators, such as a party's Chairman.

9 Sep 2021

The dispute arose from a distributorship agreement dated March 31, 2015, between Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited (the petitioner) and ...

High Court

Bombay High Court Dismisses Appeal of Non-Tribal Transferees in Land Restoration Case — Non-Obstante Clause in Special Act Prevails Over General Revenue Code. The Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 overrides Section 36 of the Maharashtra Land Revenue Code, 1966, and principles of res judicata do not bar suo motu proceedings under Section 3 of the Special Act.

17 Jul 2012

The case involves an intra-court appeal filed by non-tribal transferees (appellants) against a judgment of a learned Single Judge of the Bombay High C...

Supreme Court

Supreme Court Upholds Constitutional Validity of Section 43B(f) of Income Tax Act — Leave Encashment Deduction Allowed Only on Actual Payment. Clause (f) is not arbitrary or violative of Article 14 as it serves a legitimate purpose of preventing abuse and ensuring employee welfare.

24 Apr 2020

The Supreme Court in this appeal considered the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, which was inserted b...

High Court

Bombay High Court Quashes FIR Against Two Brothers in IT Act Case — IPC Offences Not Maintainable in Light of Section 67 of IT Act. Non-obstante clause in Section 81 of IT Act overrides IPC for offences involving obscene electronic material, following Sharat Babu Digumarti v. Government (NCT of Delhi).

26 Oct 2018

The petitioners, two brothers, filed a criminal writ petition seeking quashing of FIR No. 86 of 2018 registered at Shahupuri Police Station, Kolhapur,...

High Court

Bombay High Court Grants Leave Under Clause XIV Letters Patent to Combine Passing Off with Infringement Cause of Action to Avoid Multiplicity of Proceedings. The court held that once jurisdiction over infringement is established, leave to combine passing off claim should be granted to avoid multiplicity of proceedings.

18 Jan 2014

The Plaintiffs, UltraTech Cement Limited and Another, filed a suit for infringement of their registered trademarks, including 'UltraTech Cement', and ...

High Court

Bombay High Court Allows Raymond Limited's Appeals in Central Excise Cenvat Credit Dispute. Cenvat Credit of AED (T&TA) on Inputs Can Be Utilized for Payment of BED on Final Products.

5 Mar 2015

The appellant, Raymond Limited, is a company manufacturing blankets from woollen fibres. The blankets attract only Basic Excise Duty (BED) and not Add...

Supreme Court

Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

16 Oct 2019

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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